Criminal process
From charge to sentence
Most criminal cases are decided by procedure, not by speeches. Work through these six stages in order and you will always know what the next move is.
Police lay the charge (an Information sworn before a justice). You are either released on an undertaking with conditions or held for a bail hearing (judicial interim release, Criminal Code s. 515) — normally within 24 hours.
Do this now
- •Ask for duty counsel immediately — it is free, 24/7, and confidential.
- •Write down every officer's name, badge number, and the exact words of the caution you were given.
- •Line up a surety and a release plan (address, employment, treatment, curfew you can actually keep) before the hearing.
- •Get a copy of your release order or undertaking and read every condition out loud.
Watch out: Bail conditions you cannot realistically follow create new charges. Under R v Antic and R v Zora conditions must be minimal, necessary and least onerous — you can ask to vary them.
Legal information, not legal advice. Local practice directions and notice periods vary by courthouse — ask the trial coordinator or duty counsel.